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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This Practice Note explains the concept of money laundering and the legal framework that regulates it. The Proceeds of Crime Act 2002 ( POCA 2002), the Terrorism Act 2000 ( TA 2000) and the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, significantly influence UK businesses. Non-compliance can bring serious criminal, administrative and, for some, professional sanctions. Definitions of money laundering Money laundering refers to the means by which criminal proceeds, along with their actual source and ownership, are altered so they appear lawful. Nevertheless, the statutory concepts of money laundering are much broader. Under POCA 2002, money laundering is defined to include: hiding, obscuring, converting, transferring or taking criminal property out of the jurisdiction entering into, or being involved in, an arrangement that enables the...
Increasingly, organisations are required to conduct investigations to meet their legal obligations. Typical triggers for an inquiry include: An individual raising concerns internally, for example via a whistleblowing hotline. A demand from a regulator or criminal agency. Pre‑merger or acquisition due diligence. A civil litigation claim. An internal or external auditor’s report. Media reports. An external allegation, eg from a customer or counter-party. For multinational groups, a persistent difficulty is the friction between data protection rules and duties created by laws tackling financial crime. Under the Bribery Act 2010, the burden of proof is reversed: the business must prove it had adequate procedures to stop those performing services for it from committing bribery, rather than prosecutors proving it did not. The tax evasion facilitation regime operates similarly. See Practice Notes: Failure to prevent bribery—the offence and Failure to...
Industrial diseases The Control of Substances Hazardous to Health Regulations 2002 ( COSHH), SI 2002/2677, is among the most significant health and safety regulations for any organisation that uses, produces or generates chemicals, or other substances capable of harming employees, contractors and the wider public. Every year, hazardous substances make thousands of workers ill, leading to lung disease, cancer and skin conditions. Examples include: Dust in air — lung diseases Metalworking fluids — dermatitis and asthma Wet cement — chemical burns or dermatitis Benzene in crude oil — leukaemia For guidance on occupational health claims please see Practice Notes: Dermatitis and sensitisation conditions and Asthma. Substances hazardous to health COSHH defines a ‘substance hazardous to health’ as including: Substances that meet the criteria for classification as hazardous within any health hazard class set out in the CLP Regulation, whether or not the...
This Practice Note explores the remit, establishment and duties of the ( FWA). Its remit spans: enforcing national minimum wage rules; the framework of labour market enforcement undertakings and orders; offences under the Modern Slavery Act 2015 ( MSA 2015); the licensing system for gangmasters and inquiries into labour market exploitation; together with enforcing the Employment Agencies Act 1973 ( EAA 1973) and enforcing unpaid employment tribunal awards. Plans also envisage broadening the FWA’s role to cover enforcement of statutory sick pay and holiday pay. Scope of the FWA The FWA operates as an Executive Agency within the Department for Business and Trade ( DBT), formed through administrative means. Lacking separate legal personality, the Employment Rights Act 2025 ( ERA 2025), which created it, confers on the Secretary of State a suite of powers to uphold specified employment legislation. In practice, these powers are...
This Practice Note This Practice Note sets out how artificial intelligence ( AI) is currently deployed within the UK criminal justice system and offers informed expectations about future uses. Mirroring the path of a criminal case—from investigation through to sentencing—it identifies and evaluates the different applications of AI along the way. It uses the working definition of AI from the government’s March 2023 White Paper, ‘ A pro-innovation approach to AI regulation’, under which an AI system exhibits two key characteristics: Adaptivity: systems are trained by detecting patterns in data that humans may struggle to perceive, and are able to generate fresh inferences themselves. Autonomy: systems can reach decisions without explicit direction or ongoing human control. Technologies grounded in machine learning will typically meet this definition, as they develop in a dynamic way through experience. This definition differentiates AI from automated...
What are cryptoassets and why are they frequently involved in criminal activity? For the purposes of this Practice Note, we use the following meaning of a cryptoasset: information recorded on a blockchain that has been attributed particular features so that the information is treated as a stand-alone asset. For more, see Practice Note: Web 3.0, digital assets and cryptoassets-essentials. Cryptoassets exhibit qualities that make them especially prone to criminal involvement. The most significant is arguably the decentralised model and the ecosystem in which they typically operate (namely, a standard permission-less blockchain). Consider this illustration: to send money electronically, you effectively engage a third-party intermediary to carry out the transfer. That entity logs details of the transaction, most notably the identities of the payer and the payee. It will also usually be regulated and therefore obliged to monitor, report and/or deter financial crime, including money...
Self-defence is an absolute defence to offences committed through force, extending even to allegations of murder. If a jury concludes the defendant acted in self-defence, they must acquit. The common law defence was carried into statute by the Criminal Law Act 1967 ( CLA 1967), with additional clarification in section 76 of the Criminal Justice and Immigration Act 2008 ( CJIA 2008). The defence is available where a defendant uses ‘reasonable force’ to: defend themselves defend another person defend property prevent crime assist in the lawful arrest and apprehension of offenders The defence of self-defence has two limbs: firstly, were the circumstances, as the defendant genuinely believed them to be, such that using force was necessary? This is the subjective test secondly, was the nature and degree of force used reasonable in those perceived circumstances? This is the objective test Reasonable force—defendant’s genuine belief Whether the force is considered...
This Practice Note sets out the principal legal developments expected to affect Scottish corporate crime lawyers during 2026 and into the future. It also recaps the key changes already seen in 2026. For an overview of developments likely to influence corporate crime lawyers across the UK in 2026, see our E& W Practice Note: Corporate Crime horizon scanner—2026. Key primary legislation Information on the progress of government Bills through the UK Parliament, of interest to corporate crime practitioners, is available in Practice Note: Corporate Crime bills tracker—2026. That tracker is intended to help corporate crime lawyers in Scotland remain up to date with relevant Acts of the Scottish Parliament and Bills under consideration by the Scottish Parliament. Bill/ Act Subject Analysis Further material Key secondary legislation Forthcoming Scottish statutory instruments of potential interest to Scottish corporate crime...
Conflict in Ukraine news & analysis tracker—2022 [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It compiles news and commentary released across Lexis+® UK from 24 February 2022 relating to the conflict in Ukraine. For information on financial sanctions, see the Financial sanctions toolkit, which brings together Lexis+® UK resources offering insight and practical guidance on UK and international financial sanctions regimes. 22 December 2022 — Ukraine conflict— OFSI issues General Licences INT/2022/2469656, INT/2022/2470256, INT/2022/2470056 and INT/2022/2470156— LNB News 22/12/2022 41. HM Treasury’s Office of Financial Sanctions Implementation ( OFSI) has issued General Licences under Regulation 64 of the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855. The Licences give effect to the Oil Price Cap, curbing Russia’s access to excess oil revenues by limiting sales at global market prices, while allowing Russian oil to reach third...
Conflict in Ukraine news & analysis tracker—2023 [ Archived] ARCHIVED: This Practice Note is no longer active and is not being maintained. It compiled Lexis+® UK news and analysis from 2023 concerning the conflict in Ukraine. For current updates on sanctions tied to Russia and the Ukraine conflict in 2024 and thereafter, subscribe to our news alerts and weekly highlights. For developments from 2022, see Practice Note: Conflict in Ukraine news & analysis—tracker. For financial sanctions content, consult the Financial sanctions toolkit, which gathers Lexis+® UK Practical Guidance resources offering insight and practical guidance on UK and international financial sanctions regimes. 20 December 2023 — OFSI updates General Licence— Oil Price Cap INT/2022/2469656— LNB News 20/12/2023 57. The Office of Financial Sanctions Implementation has revised General Licence— Oil Price Cap INT/2022/2469656, first issued on 4 December 2022 and previously amended on 20 December 2023. The...
Under the Bribery Act 2010 ( BA 2010) Giving or accepting a bribe constitutes a criminal offence under BA 2010. BA 2010 also sets out two specific offences aimed squarely at tackling commercial bribery: the bribing of a foreign public official a distinct corporate offence of failing to prevent bribery by the organisation A commercial organisation may commit the corporate offence in circumstances where an associated person pays a bribe intending to secure or keep business, or a business advantage, for the organisation—see Practice Notes: The Bribery Act 2010—an introductory guide and Failure to prevent bribery—the offence. An organisation can likewise incur criminal liability for a bribery offence committed by a senior manager of the organisation, provided that senior manager was acting within the scope of their authority—see Practice Notes: How to manage corporate criminal liability risks and How to identify and assess corporate criminal...
This Practice Note monitors significant High Court, Court of Appeal and Supreme Court rulings concerning data protection, e Privacy, misuse of private information and confidential information. For an introduction to the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), see: UK data protection law collection and Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and The Data Protection Act 2018. For introductory materials on e Privacy, misuse of private information and confidential information, see: e Privacy—overview Privacy and misuse of private information—overview Confidential information—overview For a freedom of information and environmental information case tracker, see: Freedom of information case tracker. Cases Infinni Innovations SA v OFMS Ltd [2026] EWHC 470 ( Comm) — High Court — 3 March 2026 —...
Production orders A production order allows authorities to obtain material connected to an identified person or business, such as bank records and correspondence. The individual named must either deliver the specified material to an officer or permit that officer to access it. The order can be served on a person or an institution, and may extend to authorising entry to premises to reach the material. This mechanism is available for all forms of ‘investigation’, including confiscation, civil recovery, money laundering, exploitation proceeds, detained cash, detained property, and investigations into frozen funds and cryptoassets. The dominant purpose test In R (on the application of Bowles) v Southwark Crown Court, a pre‑ POCA ruling, it was decided that production orders could not be secured under the predecessor to the Proceeds of Crime Act 2002 ( POCA 2002) to further a criminal...
Proving the identity of the driver Where the bench is satisfied the defendant was served with a notice under section 172 of the Road Traffic Act 1988, and the court receives a statement from the defendant admitting they were the driver, that statement is accepted as proof of identity. If no such admission exists—either because a RTA 1988, s 172 notice was not properly served in line with the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, Pt 4, or the allegation is not one to which section 172 applies—the magistrates will look to other material. Information provided by the registered keeper to police during interview or questioning Entries held on the police national database See: Creed v Scott [1976] RTR 485 (not reported by Lexis Nexis®) and DPP v Bayliff [2003] EWHC 539 ( Admin) (not reported by Lexis Nexis®). Details supplied to the police may...
For guidance on the initiation of criminal prosecutions in England and Wales, consult Practice Notes: Commencing criminal proceedings—applying for the issue of a summons and Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Time limits for summary only offences The Magistrates’ Courts Act 1980 ( MCA 1980) sets deadlines for starting proceedings that are triable only in the magistrates’ court (called summary only offences), save where another statutory period applies. Under this framework, a magistrates' court cannot adjudicate a summary offence unless the information is laid (that is, an application for a summons is made) within six months of the date the offence was committed. This position is mirrored in the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, r 7.2(10). So long as the information is laid (or a summons application is submitted) within that window, it is...
This Practice Note centres on appeals against conviction, sentence, and related orders pursued in the Court of Appeal Criminal Division ( CACD) under the Criminal Appeal Act 1968 ( CAA 1968), and in accordance with the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, Parts 36 and 39. It also considers applications advanced by the Attorney General under section 36 of the Criminal Justice Act 1972 ( CJA 1972) or section 36 of the Criminal Justice Act 1988 ( CJA 1988). It outlines how an appeal is commenced, namely by lodging an application for leave to appeal directly with the Court of Appeal. For further information on obtaining certificates declaring a case fit for appeal from the Crown Court, see Practice Note: Criminal appeals—certificates of fitness to appeal from the Crown Court. For detailed guidance on progressing an appeal in the CACD, see...
Disclosure obligations Where a defendant appears before a magistrates’ court charged with an indictable‑only offence, or an either way offence, and is sent to the Crown Court for trial under s 51(1) of the Crime and Disorder Act 1998 ( CDA 1998), the framework for serving the prosecution’s evidence is set by the Crime and Disorder Act 1998 ( Service of Prosecution Evidence) Regulations 2005 ( CDA ( SPE) Regs), SI 2005/902, together with the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909. For provision of Initial Details of the Prosecution Case ( IDPC) disclosure in the magistrates’ court, refer to Practice Note: Disclosure in the magistrates’ court. Be aware that some criminal proceedings are administered via the Crown Court Digital Case System ( DCS), Crown Court’s electronic case management platform. In such cases, service and access to...
ARCHIVED This Practice Note is no longer being updated. It is kept for historical interest and to give practitioners a quick snapshot of developments in extradition case law across 2019. The Note logs extradition appeal judgments month by month from January 2019. For key 2018 decisions, see Practice Note: Extradition appeals tracker—2018 decisions [ Archived]. If you know the judgment date, use the list below or the links on the left-hand side of the screen to jump straight to the relevant table. Alternatively, search this Practice Note with [ CTL]+[ F] using the case name, citation, or a suitable term. Extradition appeal cases by month January 2019 February 2019 March 2019 April 2019 May 2019 June 2019 July 2019 August 2019 September 2019 October 2019 November 2019 December 2019 December 2019 Case: Asenov v Local Court of Arad Romania [2019] EWHC 3489 ( Admin), [2019] All ER ( D) 142 (...
Gross negligence manslaughter Gross negligence manslaughter is a common law offence arising where an individual’s failings meet strict criteria. It is committed when the offender: owes the victim a duty of care and breaches that duty and that breach leads to the victim’s death and, given the risk involved, their behaviour is so seriously deficient that it amounts to a criminal act or omission For guidance on manslaughter by gross negligence, see Practice Note: Involuntary manslaughter. Only a person can commit gross negligence manslaughter; it should not be mistaken for manslaughter attributable to a company, which is a statutory offence under the Corporate Manslaughter and Corporate Homicide Act 2007. For information on corporate manslaughter, see: Corporate manslaughter—overview and Practice Note: Corporate manslaughter—an introductory guide. Sentencing of organisations for corporate manslaughter is covered by the Crown Court...
The Courts and Tribunals Bill sets out sweeping changes to the criminal justice system in England and Wales, designed to cut backlogs and improve efficiency. For criminal practitioners, headline shifts include ending the option to elect a jury trial, widening the categories of cases that can be heard in the magistrates’ court, removing juries for certain either-way offences, overhauling how appeals to the Crown Court are made, and introducing judge-only trials for matters that are complex or lengthy. This Practice Note surveys the core proposals affecting the criminal justice system in England and Wales, considers how they may operate in practice, and clearly highlights potential benefits and drawbacks of the reform package across the jurisdiction as a whole today. Background The Courts and Tribunals Bill was brought forward amid what the UK government characterises as a criminal justice system ‘in crisis’, with a record queue of tens of...
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This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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